Restrictions.

CFR · 2024-01-01 · US · Title 5

(a) Removal from the SES under §§ 359.402 through 359.404 may not be made effective within 120 days after— (1) The appointment of a new agency head; or (2) The appointment in the agency of the career appointee's most immediate supervisor who— (i) Is a noncareer appointee; and (ii) Has the authority to remove the career appointee. (b) For purposes of this section, a noncareer appointee includes an SES noncareer or limited appointee, an appointee in a position filled by Schedule C, or an appointee in an Executive Schedule or equivalent position other than a career Executive Schedule or equivalent position. (c) The restrictions in paragraph (a) of this section do not apply— (1) When the career appointee has received a final rating of unsatisfactory under the performance appraisal system established by the agency under subchapter II of chapter 43 of title 5, United States Code, before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee; (2) To a disciplinary action initiated before the appointment of a new agency head or the appointment of the career appointee's most immediate noncareer supervisor who has the authority to remove the career appointee; (3) To a disciplinary action when there is a reasonable cause to believe that the career appointee has committed a crime for which a sentence of imprisonment can be imposed; or (4) To a disciplinary action when the c

official document · source cfr-2024 · id 5:§ 359.406